52709 (13 May 2022)

The Criminal Injuries Compensation Tribunal

In the matter of an application under the Scheme of Compensation for Personal Injuries Criminally Inflicted

Decision of a Single Member

Name of applicant: [ ]

Application number: 52709

Date of incident: [ ]

Date of application: [ ]

Decision outcome: No award

1. [ ] (‘the applicant’) has made a claim for compensation under the Scheme of Compensation for Personal Injuries Criminally Inflicted (‘the Scheme’).

2. On the [ ], the applicant claims that she was the victim of a vicious assault by [ ] (“offender”) at or near [ ].

3. The applicant sustained advised the Tribunal that she sustained a broken [ ] and [ ] and had a [ ]. The applicant received treatment in [ ] Hospital and [ ] Hospital in [ ]. No medical report has ever been provided to the Tribunal.

4. The applicant advises that the incident was reported to [ ] Garda Station. The Tribunal has not been advised if the offender was ever formally charged or prosecuted.

5. The applicant claims that she sustained parking and travelling expenses. She also anticipated that she might incur [ ] expenses. However, she has failed to vouch and prove that [ ] actually incurred any out-of-pocket expenses.

6. The Tribunal wrote to the applicant on the [ ] and asked for details of any out-of-pocket expenses. The Tribunal again wrote to the applicant on the [ ] and requested the applicant to vouch any out-of-pocket expenses if she wished to continue to pursue her claim. The Tribunal again wrote to the applicant on the [ ] and advised that the file would be forwarded to a Member of the Tribunal for a decision if no response was received by the applicant by [ ]. No response was received from the applicant to any of the Tribunal’s correspondence.

7. Unfortunately, it is not within the remit of the Tribunal to award compensation for pain and suffering. The Tribunal can only make awards in respect of vouched out-of-pocket expenses. The applicant has failed to vouch and prove that she incurred any out-of-pocket expenses. Regrettably, in such circumstances, it is not possible to make any award to the applicant.

8. In circumstances where the application has not proven her claim, it is not necessary for the Tribunal to make any further determinations on the other provisions of the Scheme that might apply to this matter.

David Culleton

Member of the Criminal Injuries Compensation Tribunal

13 May 2022